Horsepower Unlimited, Inc.
| West Virginia Powersports LLC d/b/a Horsepower Unl, West Virginia Powersports LLC and Horsepower Unlimited, Inc. |
| United States Trustee |
| Robert L. Nistendirk |
| 5:2020bk50143 |
| September 15, 2020 |
| U.S. Bankruptcy Court for the Southern District of West Virginia |
| B McKay Mignault |
| Other |
Docket Report
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This docket was last retrieved on November 10, 2020. A more recent docket listing may be available from PACER.
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| Filing 67 Monthly Operating Report for the Month of September 2020 Filed by Other Prof. Michelle Steele. (Steele, Michelle) |
| Filing 65 BNC Certificate of Mailing - PDF Document. Related Document: #62 Motion to Employ and Compensate. Notice Date 11/07/2020. (Admin.) |
| Filing 64 BNC Certificate of Mailing - PDF Document. Related Document: #61 Order on Application to Employ. Notice Date 11/07/2020. (Admin.) |
| Filing 63 Notice of Deficient Filing. Document is deficient because incorrect case number on document. John J. Balenovich, Esquire needs to correct deficiency by filing a Corrected Image of Status Report filed on 11/4/2020. Related Document: #60 Status Report filed by Debtor Horsepower Unlimited, Inc.. Transmitted to BNC with Instructions for Mailing. (mfj) |
| Filing 66 Hearing held; No ruling however wants Debtor to know Court is concerned about the issues raised. Expects debtors to work with parties to clear up filings. Related Document: #1 Voluntary Petition (Chapter 11) filed by Debtor Horsepower Unlimited, Inc.. (mfj) |
| Filing 60 Status Report Re: Filed by Debtor Horsepower Unlimited, Inc. with Certificate of Service. (Balenovich, John) |
Filing 62
Order Granting #8 Motion by Debtor West Virginia Powersports LLC to Employ and Compensate Richard Talmadge Blackburn as Manager. Transmitted to BNC with Instructions for Mailing. (mfj)
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Filing 61
Order Granting #49 Application by Debtor West Virginia Powersports LLC to Employ Joseph W. Caldwell, John J. Balenovich and Caldwell & Riffee, PLLC as Counsel for the Debtor. Transmitted to BNC with Instructions for Mailing. (mfj)
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| Filing 59 Notice of Appearance and Request for Service filed by Eric M. Wilson, Counsel for West Virginia State Tax Department. (Wilson, Eric) |
| Filing 58 The United States Trustee makes this report to the Clerk of the United States Bankruptcy Court for the Southern District of West Virginia regarding the appointment of a committee of unsecured creditors pursuant to 11 U.S.C. Section 1102. Despite efforts by the United States Trustee to solicit unsecured creditors for appointment to a committee of unsecured creditors, as of this date, sufficient indications of willingness to serve on such committee have not been received from persons eligible to serve on such committee under 11 U.S.C. Section 1102(b)(1). Accordingly, the United States Trustee is unable to appoint a committee of unsecured creditors pursuant to 11 U.S.C. Section 1102(a). (Kinder, Gary) |
| Creditor(s) added by Internal Revenue Service, . (admin) |
| Filing 57 Initial Operating Report Filed by Debtor Horsepower Unlimited, Inc. with Certificate of Service. (Balenovich, John) |
| Filing 56 BNC Certificate of Mailing - PDF Document. Related Document: #53 Order on Amended Motion. Notice Date 10/16/2020. (Admin.) |
| Filing 55 BNC Certificate of Mailing. Related Document: #51 Notice of Motion/Application to Employ Professional. Notice Date 10/15/2020. (Admin.) |
| Filing 54 Notice filed by U.S. Trustee United States Trustee Re: Meeting of Creditors Continued/Rescheduled to 10/22/2020 at 10:00 AM at Telephone Conference. (Kinder, Gary) |
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Filing 53
Order Extending Time within which to File Schedules and Statement of Affairs. Related document(s): #45 Amended Motion to Extend Time to file schedules and statements of affairs until 10/9/2020. Transmitted to BNC with Instructions for Mailing. (mfj)
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| Filing 52 Affidavit of Debtor West Virginia Powersports LLC Affidavit of Disinterest of Michelle Steele For Debtor. (Caldwell, Joseph) |
| Filing 51 Court's Notice of Motion/Application to Employ Professional. Objection Deadline: 11/03/2020. Related Document #48 Application to Employ. Transmitted to BNC with Instructions for Mailing. (admin) |
| Filing 50 CORRECTED IMAGE Re: #8 Motion to Employ and Compensate Officers. Documents Included: Application To Employ Manager with Certificate of Service. (Caldwell, Joseph) |
| Filing 49 CORRECTED IMAGE Re: #4 Application to Employ. Documents Included: Application To Employ Counsel with Certificate of Service. (Caldwell, Joseph) |
| Filing 48 Application by Debtor West Virginia Powersports LLC to Employ Michelle Steele as Bookkeeper with Certificate of Service. (Caldwell, Joseph) |
| Filing 47 Schedules/Statements filed: Declaration under Penalty of Perjury, 20 of the Largest Unsecured Claims; Summary of Assets and Liabilities, Schedule AB, Schedule D, Schedule EF, Schedule G, Schedule H, Statement of Financial Affairs, Disclosure of Attorney Compensation, Equity Security Holders Corporate Ownership Statement, Verification of Creditor Matrix, Creditor Matrix. (Balenovich, John) Modified on 10/13/2020 (mfj). |
| Filing 46 Amended Voluntary Petition filed by Debtor West Virginia Powersports LLC. Changes Name of Petition to Horsepower Unlimited, Inc. d/b/a West Virginia Powersports LLC and Corrects Subchapter V Filing. (Balenovich, John) |
| Filing 45 Amended Motion by Debtor West Virginia Powersports LLC Re: #23 Motion to Extend/Shorten Time filed by Debtor West Virginia Powersports LLC .. (Balenovich, John) |
| Filing 44 Notice of Deficient Filing. Motion to Extend Time to file schedules/statements. John Balenovich needs to correct deficiency by filing An Amended Motion to Extend time to file schedules/statements showing correct date of meeting of creditors (meeting scheduled for 10/15/2020). Related Document: #23 Motion to Extend/Shorten Time filed by Debtor West Virginia Powersports LLC. Transmitted to BNC with Instructions for Mailing. (mfj) |
| Filing 43 BNC Certificate of Mailing - PDF Document. Related Document: #39 Order Setting Hearing. Notice Date 10/04/2020. (Admin.) |
| Filing 42 BNC Certificate of Mailing - PDF Document. Related Document: #37 Order/Notice on Motion to Dismiss Case. Notice Date 10/04/2020. (Admin.) |
| Filing 41 BNC Certificate of Mailing. Related Document: #38 Notice of Small Business, Subchapter V Status Conference. Notice Date 10/04/2020. (Admin.) |
| Filing 40 BNC Certificate of Mailing. Related Document: #27 Meeting of Creditors Chapter 11 (Corrective Notice). Notice Date 10/02/2020. (Admin.) |
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Filing 39
Order RESCHEDULING Hearing Re: #6 Motion to Use Cash Collateral filed by West Virginia Powersports LLC, #13 Response filed by First Community Bank. Hearing Rescheduled FROM 10/8/2020 TO 11/19/2020 at 01:30 PM at Telephone Conference. Transmitted to BNC with Instructions for Mailing. (mfj)
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| Filing 38 Notice of Status Conference Scheduled for 11/4/2020 at 01:30 PM at Telephone Conference. Related Document: #1 Voluntary Petition (Chapter 11) filed by Debtor West Virginia Powersports LLC. Transmitted to BNC with Instructions for Mailing. (mfj) |
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Filing 37
Order Denying #20 Motion to Dismiss Case as MOOT . Transmitted to BNC with Instructions for Mailing. (mfj)
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| Creditor(s) added by Wilson, Eric M.. (admin) |
| Filing 36 BNC Certificate of Mailing - PDF Document. Related Document: #26 Chapter 11 Operating Order. Notice Date 10/01/2020. (Admin.) |
| Filing 35 BNC Certificate of Mailing - Hearing. Related Document: #25 Notice of Hearing on Document. Notice Date 10/01/2020. (Admin.) |
| Filing 34 BNC Certificate of Mailing. Related Document: #22 Meeting of Creditors Chapter 11 (Corrective Notice). Notice Date 10/01/2020. (Admin.) |
| Filing 33 PROPOSED AGREED ORDER submitted by Creditor First Community Bank Re:#30 Motion to Continue/Reschedule Hearing. This Agreed Order CONTINUES A HEARING set in the next 5 business days. (Richardson, J.) |
| Filing 32 Notice of Deficient Filing. PROPOSED ORDER is deficient because it requires additional signatures. J. Peter Richardson needs to correct deficiency by filing an AGREED PROPOSED ORDER signed by all parties involved. Related Document: #30 Motion to Continue/Reschedule Hearing filed by Creditor First Community Bank. Transmitted to BNC with Instructions for Mailing. (mfj) |
| Filing 31 PROPOSED ORDER submitted by Creditor First Community Bank Re:#30 Motion to Continue/Reschedule Hearing. This Order CONTINUES A HEARING set in the next 5 business days. (Richardson, J.) |
| Filing 30 Motion by Creditor First Community Bank to Continue/Reschedule Hearing Scheduled for 10/8/2020 Re: #6 Motion to Use Cash Collateral with Certificate of Service. (Richardson, J.) |
| Filing 29 BNC Certificate of Mailing. Related Document: #21 Meeting of Creditors Chapter 11. Notice Date 09/30/2020. (Admin.) |
| Filing 28 PROPOSED ORDER submitted by U.S. Trustee United States Trustee Re:#20 Motion to Dismiss Case. (Kinder, Gary) |
| Filing 27 Corrective Notice of Meeting of Creditors. Corrects Date of Meeting of Creditors. Meeting to be held on 10/15/2020 at 10:00 AM at Telephone Conference. Dischargeability Complaints Due: 11/30/2020. Proof of Claims Due: 11/24/2020. Transmitted to BNC with Instructions for Mailing. (mfj) |
| Filing 26 Chapter 11 Operating Order for Subchapter V Chapter 11 Debtor. Transmitted to BNC with Instructions for Mailing. (mfj) |
| Filing 25 Notice of Hearing Scheduled for 10/8/2020 at 11:00 AM at Telephone Conference. Related Document: #6 Motion to Use Cash Collateral filed by Debtor West Virginia Powersports LLC, #13 Response filed by Creditor First Community Bank. Transmitted to BNC with Instructions for Mailing. (mfj) |
| Filing 24 PROPOSED ORDER submitted by Debtor West Virginia Powersports LLC Re:#23 Motion to Extend/Shorten Time. (Balenovich, John) |
| Filing 23 Motion by Debtor West Virginia Powersports LLC to Extend Time to File Schedules and Statement of Affairs until October 9, 2020. (Balenovich, John) |
| Filing 22 Corrective Notice of Meeting of Creditors. Corrects Previous notice due to technical error in transmittal of notice. Meeting to be held on 10/20/2020 at 10:00 AM at Telephone Conference. Dischargeability Complaints Due: 11/27/2020. Proof of Claims Due: 11/24/2020. Transmitted to BNC with Instructions for Mailing. (mfj) |
| Filing 21 Meeting of Creditors to be held on 10/20/2020 at 10:00 AM at Telephone Conference. Dischargeability Complaints Due: 11/27/2020. Proof of Claims Due: 11/24/2020. Transmitted to BNC with Instructions for Mailing. (mfj) |
| Creditor(s) added by Caldwell, Joseph W.. (admin) |
| Filing 20 Motion by U.S. Trustee United States Trustee to Dismiss Case for Failure to file Creditor Matrix with Certificate of Service. (Kinder, Gary) |
| Filing 19 Amended Voluntary Petition filed by Debtor West Virginia Powersports LLC. Proceed under Subchapter V. (Balenovich, John) |
| Filing 18 BNC Certificate of Mailing - PDF Document. Related Document: #17 Chapter 11 Operating Order. Notice Date 09/23/2020. (Admin.) |
| Filing 16 BNC Certificate of Mailing. Related Document: #14 Notice of Motion/Application to Employ Professional. Notice Date 09/20/2020. (Admin.) |
| Filing 17 Chapter 11 Operating Order for Regular Chapter 11 Debtor. Transmitted to BNC with Instructions for Mailing. (mfj) |
| Filing 15 BNC Certificate of Mailing. Related Document: #11 Notice of Missing Documents. Notice Date 09/19/2020. (Admin.) |
| Filing 14 Court's Notice of Motion/Application to Employ Professional. Objection Deadline: 10/09/2020. Related Document #4 Application to Employ. Transmitted to BNC with Instructions for Mailing. (admin) |
| Filing 13 Response Filed by Creditor First Community Bank to #6 Motion to Use Cash Collateral filed by Debtor West Virginia Powersports LLC with Certificate of Service. (Richardson, J.) |
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Filing 12
Order Directing Debtor(s) to Correct Deficiency. Case may be Dismissed unless an Uploaded Creditor Matrix is filed by 9/27/2020. Transmitted to BNC with Instructions for Mailing. (mfj)
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| Filing 11 Notice of Missing Documents due at filing: 20 Largest Unsecured Creditors. Notice of Missing documents due 14 days from filing: Summary of Assets and Liabilities for NonIndividuals, Schedule AB, D, EF, G, H; Statement of Financial Affairs; Disclosure of Attorney Compensation. Chapter 11 Plan due: 1/14/2021. Disclosure Statement Due: 1/14/2021. Related Document: #1 Voluntary Petition (Chapter 11) filed by Debtor West Virginia Powersports LLC. Transmitted to BNC with Instructions for Mailing. (mfj) |
| Filing 9 PROPOSED ORDER submitted by Debtor West Virginia Powersports LLC Re:#8 Motion to Employ and Compensate Officers. (Caldwell, Joseph) |
| Filing 8 SEE CORRECTED IMAGE #50. Motion by Debtor West Virginia Powersports LLC to Employ and Compensate Richard Talmadge Blackburn as Manager at the rate of $1,750 per month with Certificate of Service. (Caldwell, Joseph) Modified text on 10/15/2020 (mfj). |
| Filing 7 PROPOSED ORDER submitted by Debtor West Virginia Powersports LLC Re:#6 Motion to Use Cash Collateral. (Caldwell, Joseph) |
| Filing 6 Motion filed by Debtor West Virginia Powersports LLC to Use Cash Collateral with Certificate of Service. (Caldwell, Joseph) |
| Filing 5 PROPOSED ORDER submitted by Debtor West Virginia Powersports LLC Re:#4 Application to Employ. (Caldwell, Joseph) |
| Filing 4 SEE CORRECTED IMAGE #49. Application by Debtor West Virginia Powersports LLC to Employ Joseph W. Caldwell, John J. Balenovich and Caldwell & Riffee, PLLC as Counsel with Certificate of Service. (Caldwell, Joseph) Modified text on 10/15/2020 (mfj). |
| Filing 3 Notice of Appointment of Trustee by U.S. Trustee Robert L. Nistendirk, Subchapter V Trustee. Robert L. Nistendirk added to the case. (U.S. Trustee) |
| Filing 2 Notice of Appearance and Request for Service filed by Gary O. Kinder, Counsel for United States Trustee. (Kinder, Gary) |
| Filing 1 Chapter 11 Petition, Declaration, Corporate Resolution, List of Equity Security Holders, Verification of Matrix, Creditor Matrix and Corporate Ownership Statement. Chapter 11 Plan and Disclosure Statement Due 1/14/2021. Assets: $800,000.00, Liabilities: $240,000.00 (Balenovich, John) Modified text on 9/17/2020. (mfj) |
| Receipt of Voluntary Petition (Chapter 11)(5:20-bk-50143) [misc,volp11a] (1717.00). Receipt Number 3622446, Amount $1717.00. (U.S. Treasury) |
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